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Should legal aid for European Arrest Warrant cases be provided on a statutory basis?
Summary
In the Supreme Court case Minister for Justice v O'Connor, the Court granted O'Connor leave to appeal a Court of Appeal decision that the State's provision of legal aid on an administrative basis for European Arrest Warrant (EAW) cases does not breach the constitutional guarantee of equal treatment before the law (Article 40.1). The High Court had allowed O'Connor's surrender under an EAW request and rejected his claim that the administrative scheme for legal aid, where the Attorney General's office may refuse costs, violated equality. The Court of Appeal upheld these decisions, with Justice Hogan dissenting, arguing that the distinction between statutory legal aid for International Criminal Court cases and administrative aid for EAW cases breached Article 40.1.
Who, what, where, when and why
What: Report matter: Should legal aid for European Arrest Warrant cases be provided on a statutory basis?. Procedural stage: appeal
When:
- 2016-02-24 Publication
Places mentioned
- Court of Appeal
- International Criminal Court
- Background The High Court
- High Court
- The Supreme Court
- Supreme Court
Topics
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